Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 85209 

1On August 13, 2018, the President signed into 

law the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019, which 

includes the Export Control Reform Act of 2018, 50 

U.S.C. 4801–4852 (‘‘ECRA’’). While section 1766 of 

ECRA repeals the provisions of the Export 

Administration Act, 50 U.S.C. app. 2401 et seq. 

(‘‘EAA’’), (except for three sections which are 

inapplicable here), section 1768 of ECRA provides, 

in pertinent part, that all orders, rules, regulations, 

and other forms of administrative action that were 

made or issued under the EAA, including as 

continued in effect pursuant to the International 

Emergency Economic Powers Act, 50 U.S.C. 1701 

et seq. (‘‘IEEPA’’), and were in effect as of ECRA’s 

date of enactment (August 13, 2018), shall continue 

in effect according to their terms until modified, 

superseded, set aside, or revoked through action 

undertaken pursuant to the authority provided 

under ECRA. Moreover, section 1761(a)(5) of ECRA 

authorizes the issuance of temporary denial orders. 

50 U.S.C. 4820(a)(5). 

2The TDO was published in the Federal Register 

on June 22, 2022 (87 FR 37309). 

3The December 13, 2022 renewal order was 

published in the Federal Register on December 19, 

2022 (87 FR 77550). 

4The June 7, 2023 renewal order was published 

in the Federal Register on June 13, 2023 (88 FR 

38483). 

5At the time of the renewal, section 766.24(d) 

provided that BIS may seek renewal of a temporary 

denial order for additional 180-day renewal 

periods, if it believes that renewal is necessary in 

the public interest to prevent an imminent 

violation. 

II. Method of Collection 

Some program offices may use some 

form of electronic collection. This could 

include web pages, email or other 

online data management systems. 

Recipients may be required to enter and 

retrieve information pertinent to their 

awards through electronic forms closely 

resembling the paper forms (i.e., fillable 

PDFs or tailored online data 

management systems). Such technology 

support is expected to improve 

standardization and timeliness of 

recipient reporting and to ease further 

analyses of reported data. 

III. Data 

OMB Control Number: 0690–NEW. 

Form Number(s): Varies or None. 

Type of Review: Regular submission. 

This is a new information collection. 

Affected Public: Individuals or 

households; Private Sector; Not-forprofit institutions; State, Local, or Tribal 

government. 

Estimated Number of Respondents: 

5,000. 

Estimated Time per Response: Varies. 

Estimated Total Annual Burden 

Hours: 50,000. 

Respondent’s Obligation: Voluntary or 

Mandatory. 

IV. Request for Comments 

We are soliciting public comments to 

permit the Department/Bureau to: (a) 

Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department, 

including whether the information will 

have practical utility; (b) Evaluate the 

accuracy of our estimate of the time and 

cost burden for this proposed collection, 

including the validity of the 

methodology and assumptions used; (c) 

Evaluate ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) Minimize the 

reporting burden on those who are to 

respond, including the use of automated 

collection techniques or other forms of 

information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this ICR. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Under Secretary for Economic Affairs, 

Commerce Department. 

[FR Doc. 2023–25750 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–17–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Belavia Belarusian Airlines, 4A, 

Nemiga str., Minsk, Belarus, 220004; 

Order Renewing Temporary Denial of 

Export Privileges 

Pursuant to section 766.24 of the 

Export Administration Regulations, 15 

CFR parts 730–774 (‘‘EAR’’ or ‘‘the 

Regulations’’),1 I hereby grant the 

request of the Office of Export 

Enforcement (‘‘OEE’’) to renew the 

temporary denial order (‘‘TDO’’) issued 

in this matter on June 7, 2023. I find that 

renewal of this order is necessary in the 

public interest to prevent an imminent 

violation of the Regulations and that 

renewal for an extended period is 

appropriate because Belavia Belarusian 

Airlines (‘‘Belavia’’) has engaged in a 

pattern of repeated, ongoing and/or 

continuous apparent violations of the 

EAR. 

I. Procedural History 

On June 16, 2022, I signed an order 

denying Belavia’s export privileges for a 

period of 180 days on the ground that 

issuance of the order was necessary in 

the public interest to prevent an 

imminent violation of the Regulations. 

The order was issued ex parte pursuant 

to Section 766.24(a) of the Regulations 

and was effective upon issuance.2 The 

TDO was subsequently renewed on 

December 13, 2022 3 and again on June 

7, 2023,4 in accordance with Section 

766.24(d) of the Regulations.5

On November 13, 2023, BIS, through 

OEE, submitted a written request for a 

third renewal of the TDO. The written 

request was made more than 20 days 

before the TDO’s scheduled expiration 

and, given the temporary suspension of 

international mail service to Russia and 

Belarusia, OEE has attempted to serve a 

copy of the renewal request on Belavia 

in accordance with sections 766.5 and 

766.24(d) of the Regulations. No 

opposition to the renewal of the TDO 

has been received. 

II. Renewal of the TDO 

A. Legal Standard 

Pursuant to section 766.24, BIS may 

issue an order temporarily denying a 

respondent’s export privileges upon a 

showing that the order is necessary in 

the public interest to prevent an 

‘‘imminent violation’’ of the 

Regulations, or any order, license or 

authorization issued thereunder. 15 CFR 

766.24(b)(1) and 766.24(d). ‘‘A violation 

may be ‘imminent’ either in time or 

degree of likelihood.’’ 15 CFR 

766.24(b)(3). BIS may show ‘‘either that 

a violation is about to occur, or that the 

general circumstances of the matter 

under investigation or case under 

criminal or administrative charges 

demonstrate a likelihood of future 

violations.’’ Id. As to the likelihood of 

future violations, BIS may show that the 

violation under investigation or charge 

‘‘is significant, deliberate, covert and/or 

likely to occur again, rather than 

technical or negligent[.]’’ Id. A ‘‘lack of 

information establishing the precise 

time a violation may occur does not 

preclude a finding that a violation is 

imminent, so long as there is sufficient 

reason to believe the likelihood of a 

violation.’’ Id. 

If BIS believes that renewal of a denial 

order is necessary in the public interest 

to prevent an imminent violation, it may 

file a written request for renewal, with 

any modifications if appropriate. 15 

CFR 766.24(d)(1). The written request, 

which must be filed no later than 20 

days prior to the TDO’s expiration, 

should set forth the basis for BIS’s belief 


ddrumheller on DSK120RN23PROD with NOTICES1
85210 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 

6 88 FR 59791 (Aug. 30, 2023). 

7 87 FR 12226 (Mar. 3, 2022). 

8 87 FR 13048 (Mar. 8, 2022). 

9 87 FR 22130 (Apr. 14, 2022). Additionally, this 

rule also imposed licensing requirements on items 

controlled on the Commerce Control List (‘‘CCL’’) 

under Categories 0–2 that are destined for Russia or 

Belarus. Accordingly, now all CCL items require 

export, reexport, and transfer (in-country) licenses 

if destined for or within Russia or Belarus. 

10Publicly available flight tracking information 

shows that on May 10, 2022, serial number (SN) 

61423 flew from Moscow, Russia to Minsk, Belarus. 

On June 14, 2022, SN 61422 flew from Istanbul, 

Turkey to 

Minsk, Belarus and SN 40877 flew from Sharjah, 

United Arab Emirates to Minsk, Belarus. 11Engaging in conduct prohibited by a denial 

order violates the Regulations. 15 CFR 764.2(a) and 

(k). 

12Publicly available flight tracking information 

shows that on November 15, 2022, serial number 

(SN) 61421 flew from Moscow, Russia to Minsk, 

Belarus. On December 9, 2022, SN 61423 flew from 

St. Petersburg, Russia to Minsk, Belarus and SN 

61421 flew from Istanbul, Turkey to Minsk, Belarus. 

On November 12, 2022, SN 61423 flew from 

Sharjah, UAE to Minsk, Belarus. 

13Publicly available flight tracking information 

shows that SN 61421 flew from Doha, Qatar, to 

Minsk, Belarus on May 27, 2023. Additionally, SN 

61422 flew from Kutaisi, Georgia to Minsk, Belarus 

on May 25, 2023 and SN 26294 flew from Baku, 

Azerbaijan to Minsk, Belarus on May 2, 2023. 

that renewal is necessary, including any 

additional or changed circumstances. Id. 

‘‘In cases demonstrating a pattern of 

repeated, ongoing and/or continuous 

apparent violations, BIS may request the 

renewal of a temporary denial order for 

an additional period not exceeding one 

year.’’ 6 Id. 

B. The TDO and BIS’s Request for 

Renewal 

The U.S. Commerce Department, 

through BIS, responded to the Russian 

Federation’s (‘‘Russia’s’’) further 

invasion of Ukraine by implementing a 

sweeping series of stringent export 

controls that severely restrict Russia’s 

access to technologies and other items 

that it needs to sustain its aggressive 

military capabilities. These controls 

primarily target Russia’s defense, 

aerospace, and maritime sectors and are 

intended to cut off Russia’s access to 

vital technological inputs, atrophy key 

sectors of its industrial base, and 

undercut Russia’s strategic ambitions to 

exert influence on the world stage. 

Effective February 24, 2022, BIS 

imposed expansive controls on aviationrelated (e.g., Commerce Control List 

Categories 7 and 9) items to Russia, 

including a license requirement for the 

export, reexport or transfer (in-country) 

to Russia of any aircraft or aircraft parts 

specified in Export Control 

Classification Number (‘‘ECCN’’) 9A991 

(section 746.8(a)(1) of the EAR),7 BIS 

will review any export or reexport 

license applications for such items 

under a policy of denial. See section 

746.8(b). Effective March 2, 2022, BIS 

excluded any aircraft registered in, 

owned, or controlled by, or under 

charter or lease by Russia or a national 

of Russia from being eligible for license 

exception Aircraft, Vessels, and 

Spacecraft (‘‘AVS’’) (section 740.15 of 

the EAR), and as part of the same rule, 

imposed a license requirement for the 

export, reexport, or transfer (in-country) 

of all items controlled under CCL 

Categories 3 through 9 to Belarus.8 On 

April 8, 2022, BIS excluded any aircraft 

registered in, owned, controlled by, or 

under charter or lease by Belarus or a 

national of Belarus from eligibility to 

use license exception AVS for travel to 

Russia or Belarus.9 Accordingly, any 

U.S.-origin aircraft or foreign aircraft 

that includes more than 25% controlled 

U.S.-origin content, and that is 

registered in, owned, or controlled by, 

or under charter or lease by Belarus or 

a national of Belarus, is subject to a 

license requirement before it can travel 

to Russia or Belarus. 

OEE’s request for renewal for a period 

of one year is based upon the facts 

underlying the issuance of the initial 

TDO, the renewal orders subsequently 

issued in this matter, and evidence that 

continues to develop during this 

investigation. These facts and evidence 

demonstrate that Belavia has continued, 

and continues, to act in blatant 

disregard for U.S. export controls and 

the terms of previously issued TDOs. 

Specifically, the initial TDO, issued on 

June 16, 2022, was based on evidence 

that Belavia engaged in conduct 

prohibited by the Regulations by 

operating multiple aircraft subject to the 

EAR and classified under ECCN 

9A991.b on flights into Belarus after 

April 8, 2022, from destinations 

including, but not limited to, Moscow, 

Russia; St. Petersburg, Russia; Antalya, 

Turkey; Istanbul, Turkey, Tbilisi, 

Georgia; Batumi, Georgia; Sharjah, 

United Arab Emirates (‘‘UAE’’), and 

Sharm el-Sheikh, Egypt, without the 

required BIS authorization.10

As discussed in the prior renewal 

orders, BIS presented evidence 

indicating that, after the initial June 16, 

2022 TDO issued, Belavia continued to 

operate aircraft subject to the EAR and 

classified under ECCN 9A991.b on 

flights both into Belarus and/or Russia, 

in violation of the Regulations and the 

TDO itself.11 The December 13, 2022 

order detailed Belavia’s continued flight 

operations into Belarus and/or Russia, 

including flights from St. Petersburg and 

Moscow, Russia; Istanbul, Turkey; and 

Sharjah, UAE.12 The June 7, 2023 

renewal order documented a similar 

pattern of prohibited conduct.13

Since that time, Belavia continued to 

engage in conduct prohibited by the 

TDO and Regulations. In its November 

13, 2023, request for renewal of the 

TDO, BIS submitted evidence that 

Belavia continues to operate aircraft 

subject to the EAR and classified under 

ECCN 9A991.b, on flights into Belarus 

and/or Russia, in violation of the June 

7, 2023 renewal order and/or the 

Regulations. Specifically, BIS’s evidence 

and related investigation demonstrates 

that Belavia continued to operate 

aircraft subject to the EAR, including, 

but not limited to, on flights into 

Belarus and/or Russia from/to Antalya, 

Turkey, and Sharm el-Sheikh, Egypt. 

Information about those flights includes, 

but is not limited to, the following: 

Tail No. Serial No. Aircraft type Departure/arrival cities Dates 

EW–455PA ................ 61421 737–8ZM (B738) ................ Dubai, AE/Minsk, BY ...................................... November 27, 2023. 

EW–455PA ................ 61421 737–8ZM (B738) ................ Sharm el-Sheikh, EG/Minsk, BY ..................... November 15, 2023. 

EW–455PA ................ 61421 737–8ZM (B738) ................ Istanbul, TR/Minsk, BY ................................... November 14, 2023. 

EW–455PA ................ 61421 737–8ZM (B738) ................ Minsk, BY/Moscow, RU .................................. November 1, 2023. 

EW–455PA ................ 61421 737–8ZM (B738) ................ Dubai, AE/Minsk, BY ...................................... October 29, 2023. 

EW–456PA ................ 61422 737–8ZM (B738) ................ Hurghada, EG/Minsk, BY ................................ November 26, 2023. 

EW–456PA ................ 61422 737–8ZM (B738) ................ Hurghada, EG/Minsk, BY ................................ November 1, 2023. 

EW–456PA ................ 61422 737–8ZM (B738) ................ Sharm el-Sheikh, EG/Minsk, BY ..................... October 31, 2023.

EW–456PA ................ 61422 737–8ZM (B738) ................ Antalya, TR/Minsk, BY .................................... October 30, 2023. 

EW–456PA ................ 61422 737–8ZM (B738) ................ Minsk, BY/St. Petersburg, RU ........................ October 24, 2023. 

EW–457PA ................ 61423 737–8ZM (B738) ................ Sharm el-Sheikh, EG/Minsk, BY ..................... November 27, 2023. 

EW–457PA ................ 61423 737–8ZM (B738) ................ Antalya, TR/Minsk, BY .................................... November 15, 2023. 

EW–457PA ................ 61423 737–8ZM (B738) ................ Minsk, BY/Moscow, RU .................................. November 14, 2023. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 85211 

Tail No. Serial No. Aircraft type Departure/arrival cities Dates 

EW–457PA ................ 61423 737–8ZM (B738) ................ Istanbul, TR/Minsk, BY ................................... October 31, 2023. 

EW–457PA ................ 61423 737–8ZM (B738) ................ Hurghada, EG/Minsk, BY ................................ October 30, 2023. 

III. Findings 

Under the applicable standard set 

forth in Section 766.24 of the 

Regulations and my review of the entire 

record, I find that the evidence 

presented by BIS demonstrates that 

Belavia has acted in violation of the 

Regulations and the TDO; that such 

violations have been significant, 

deliberate and covert; and that given the 

foregoing and the nature of the matters 

under investigation, there is a likelihood 

of imminent violations. Moreover, I find 

that renewal for an extended period is 

appropriate because Belavia has 

engaged in a pattern of repeated, 

ongoing and/or continuous apparent 

violations of the EAR. Therefore, 

renewal of the TDO for one year is 

necessary in the public interest to 

prevent imminent violation of the 

Regulations and to give notice to 

companies and individuals in the 

United States and abroad that they 

should avoid dealing with Belavia, in 

connection with export and reexport 

transactions involving items subject to 

the Regulations and in connection with 

any other activity subject to the 

Regulations. 

IV. Order 

It is therefore ordered: 

First, Belavia Belarusian Airlines, 

14A, Nemiga str., Minsk, Belarus, 

220004, when acting for or on their 

behalf, any successors or assigns, agents, 

or employees may not, directly or 

indirectly, participate in any way in any 

transaction involving any commodity, 

software or technology (hereinafter 

collectively referred to as ‘‘item’’) 

exported or to be exported from the 

United States that is subject to the EAR, 

or in any other activity subject to the 

EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license (except directly related to 

safety of flight), license exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations, or engaging in any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the EAR, or from any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export, reexport, or transfer (incountry) to or on behalf of Belavia any 

item subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

Belavia of the ownership, possession, or 

control of any item subject to the EAR 

that has been or will be exported from 

the United States, including financing 

or other support activities related to a 

transaction whereby Belavia acquires or 

attempts to acquire such ownership, 

possession or control except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from Belavia of any item 

subject to the EAR that has been 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; 

D. Obtain from Belavia in the United 

States any item subject to the EAR with 

knowledge or reason to know that the 

item will be, or is intended to be, 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; or 

E. Engage in any transaction to service 

any item subject to the EAR that has 

been or will be exported from the 

United States and which is owned, 

possessed or controlled by Belavia, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by Belavia if such service involves the 

use of any item subject to the EAR that 

has been or will be exported from the 

United States except directly related to 

safety of flight and authorized by BIS 

pursuant to Section 764.3(a)(2) of the 

Regulations. For purposes of this 

paragraph, servicing means installation, 

maintenance, repair, modification, or 

testing. 

Third, that, after notice and 

opportunity for comment as provided in 

section 766.23 of the EAR, any other 

person, firm, corporation, or business 

organization related to Belavia by 

ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business may also be made subject to 

the provisions of this Order. 

In accordance with the provisions of 

sections 766.24(e) of the EAR, Belavia 

may, at any time, appeal this Order by 

filing a full written statement in support 

of the appeal with the Office of the 

Administrative Law Judge, U.S. Coast 

Guard ALJ Docketing Center, 40 South 

Gay Street, Baltimore, Maryland 21202– 

4022. 

In accordance with the provisions of 

section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. A renewal 

request may be opposed by Belavia as 

provided in Section 766.24(d), by filing 

a written submission with the Assistant 

Secretary of Commerce for Export 

Enforcement, which must be received 

not later than seven days before the 

expiration date of the Order. 

A copy of this Order shall be provided 

to Belavia and shall be published in the 

Federal Register. 

This Order is effective immediately 

and shall remain in effect for one year. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2023–26896 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–867] 

Welded Stainless Pressure Pipe From 

India: Preliminary Results and Partial 

Rescission of Antidumping Duty 

Administrative Review; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

finds that certain producers and/or 


ddrumheller on DSK120RN23PROD with NOTICES1